Directive to federal prosecutors regarding HIV non-disclosure cases issued by the Attorney General of Canada on December 8, 2018. Reflect the most recent scientific evidence around sexual transmission of HIV, as analysed by Canada Public Health Agency, as well as applicable criminal law as specified by Canada Supreme Court.
Explains the way the Crown Prosecution Service deals with cases involving the intentional or reckless sexual transmission of infection. Recognises the importance of, and the need for, consistent decision-making, as well as the potential tension between public health and criminal justice considerations.
This internal guidance from the Crown Prosecution Service (CPS) for England & Wales sets out how prosecutors should deal with cases where there is an allegation that the suspect/defendant has passed an infection to the complainant during the course of consensual sexual activity. It should be read in conjuction with the external CPS Policy for prosecuting cases involving the intentional or reckless sexual transmission of infection.
Sets out how prosecutors should deal with cases involving an allegation of intentional or reckless sexual transmission of, or exposure to, infection which has serious, potentially life threatening consequences for the person infected.